(a) Any person who distributes or causes others to distribute, as defined in subsection (d) of this section, any commercial advertising matter, as defined in Section 10-8-320(a), on the public way or other public place or on the premises of any private property in the City shall: (1) prior to distributing such commercial advertising matter, place on such commercial advertising matter, in a manner and size that is clear and legible, the business’s license number provided, however, that this requirement shall apply only to those businesses which are required by law to obtain a license under this Code; and (2) provide each person hired or requested to distribute commercial advertising matter on behalf of such business with: (i) a summary or copy of Sections 10-8-270, 10-8-271, 10-8-310, and 10-8-320, and (ii) training on how to comply with those sections; and (3) require each person hired or requested to distribute commercial advertising matter to comply with Sections 10-8-270, 10-8-271, 10-8-310, and 10-8-320.
(b) In addition to any other penalty provided by law, any person who violates this section shall be fined not less than $200.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(c) The Commissioner of Business Affairs and Consumer Protection ("BACP Commissioner") is authorized to suspend or revoke, in accordance with Section 4-4-280 or other applicable license suspension or revocation procedures, any license issued under Titles 4 or 9 of this Code for violations of this section, or of Sections 10-8-270, 10-8-271, 10-8-310, or 10-8-320, or of any rule promulgated thereunder, if: (1) the licensee is found liable for three or more such violations, in any combination, within a 12-month period, or (2) the Commissioner of Streets and Sanitation recommends license suspension or revocation to the BACP Commissioner for one or more such violations deemed egregious by the Commissioner of Streets and Sanitation.
(d) When used in this section or in Sections 10-8-270, 10-8-271, 10-8-310, and 10-8-320, the term "distribute or cause others to distribute" shall refer exclusively to the actions of the person, business or entity: (1) whose goods, services or activities are promoted by the commercial advertising matter, or who is in the business of distributing the commercial advertising matter described in those sections; and (2) who initiated or directed the distribution. The term "distribute or cause others to distribute" shall not refer to the actions of any person who is hired or requested to distribute commercial advertising matter but who has no ownership or managerial interest in the business or entity whose goods, services or activities are being promoted by the commercial advertising matter or in the business distributing the commercial advertising matter on behalf of such business or entity.
(Added Coun. J. 2-7-07, p. 98140, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-13-19, p. 96533, § 5)